Comments on: FG Complain to EU about NAMA – Its a bit late? http://stephenspillane.com/blog/index.php/2010/01/fg-complain-to-eu-about-nama-its-a-bit-late/ The blog of a Technophile and Political Junkie with too much time on his hands Wed, 08 Feb 2012 13:00:54 +0000 hourly 1 http://wordpress.org/?v=3.1.3 By: An Evening With Kevin Rafter | Stephen Spillane http://stephenspillane.com/blog/index.php/2010/01/fg-complain-to-eu-about-nama-its-a-bit-late/comment-page-1/#comment-7907 An Evening With Kevin Rafter | Stephen Spillane Mon, 01 Feb 2010 18:03:15 +0000 http://stephenspillane.com/blog/?p=2128#comment-7907 [...] FG Complain to EU about NAMA – Its a bit late? (stephenspillane.com) [...] [...] FG Complain to EU about NAMA – Its a bit late? (stephenspillane.com) [...]

]]> By: Stephen http://stephenspillane.com/blog/index.php/2010/01/fg-complain-to-eu-about-nama-its-a-bit-late/comment-page-1/#comment-7645 Stephen Fri, 22 Jan 2010 15:46:45 +0000 http://stephenspillane.com/blog/?p=2128#comment-7645 While I agree with you about the grandstanding (that word escaped me last night), I disagree on what the Commission can do. Yes regulations and directives can change Irish Law. Regulations with immediate effect and directives when changes pass by member state governments, I can't see the Commission issuing either of those in relation to NAMA. While they issue an opinion, this has no legal backing. A decision on the other hand will be binding to a degree, but the Government will be able to appeal it to the European Court of Justice. I really can't see anything happening because of the complaint. My reference to it being passed is that if the Commission had given an opinion against the plan prior to its passing, it could have been useful. But it didn't happen so no point to the complaint. While I agree with you about the grandstanding (that word escaped me last night), I disagree on what the Commission can do. Yes regulations and directives can change Irish Law. Regulations with immediate effect and directives when changes pass by member state governments, I can’t see the Commission issuing either of those in relation to NAMA. While they issue an opinion, this has no legal backing. A decision on the other hand will be binding to a degree, but the Government will be able to appeal it to the European Court of Justice.

I really can’t see anything happening because of the complaint.

My reference to it being passed is that if the Commission had given an opinion against the plan prior to its passing, it could have been useful. But it didn’t happen so no point to the complaint.

]]> By: Pidge http://stephenspillane.com/blog/index.php/2010/01/fg-complain-to-eu-about-nama-its-a-bit-late/comment-page-1/#comment-7592 Pidge Fri, 22 Jan 2010 00:43:22 +0000 http://stephenspillane.com/blog/?p=2128#comment-7592 I think the complaint is largely grandstanding. Since the commission are backing NAMA, and can decide on exceptional cases regarding state aid and competition law in general, this is unlikely to go anywhere. Your more general question of whether the EU could do anything about Irish legislation already passed, of course they could. Directives and rulings from the Commission are responsible for shifts in Irish legislation all the time. Simply because the NAMA bill has been passed doesn't really change anything. I think the complaint is largely grandstanding. Since the commission are backing NAMA, and can decide on exceptional cases regarding state aid and competition law in general, this is unlikely to go anywhere.

Your more general question of whether the EU could do anything about Irish legislation already passed, of course they could. Directives and rulings from the Commission are responsible for shifts in Irish legislation all the time. Simply because the NAMA bill has been passed doesn’t really change anything.

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